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2026 DAILYLAW 33718 (CAL)

SURAJIT DASGUPTA v. STATE OF WEST BENGAL

CRM (A)/524/2026 · 2026-08-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.08.2026 Court No.35. D/L. 31. Kausik (Allowed) CRM (A) 524 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 142 of 2026 dated 07.02.2026 under sections 336(4)/340(2)/352/356/61(2)/75/78/79 of the BNS, 2023 read with section 66/66(C)/66(D)/67/67(A) of the Information Technology Act, 2000. And In the matter of : Surajit Dasgupta ……Petitioner. Mr. Rahul Agarwala Mr. Wahed Raja ……for the Petitioner. Mr. Sabyasachi Banerjee, Sr. Adv. Ms. Pragya Banerjee …..for the Defacto Complainant. Mr. Krishnendu Bhattacharya, APP Ms. Tanusree Kar ….for the State. Learned advocate appearing for the petitioner submits that he has been falsely implicated in connection with the instant case and is being harassed socially. Learned advocate for the defacto complainant submits that the complainant is involved in public life and has been defamed because of the communications which were circulated. Learned Additional Public Prosecutor appears on behalf of the State opposes the prayer. 2 Having considered the facts of the case, I am of the opinion, although a case for investigation is made out but custodial detention of the present petitioner may not be warranted in the facts of the case. Accordingly prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner namely, Surajit Dasgupta be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation is still progressing, the petitioner would meet with the Investigating Officer within a period of 10 days from date and thereafter on all subsequent dates fixed by the Investigating Officer of the case. If the Investigating Officer or the defacto complainant is of the opinion that, some stringent conditions are to be required, the same prayer may be advanced before the regular Court when the petitioner seeks for bail. With the aforesaid observations CRM (A) 524 of 2026 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)